Texas 2015 - 84th Regular

Texas Senate Bill SB2020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Creighton S.B. No. 2020
2	2	(Keough)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers, operations, and boundaries of The Woodlands
8	8	Township; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5(b), Chapter 289, Acts of the 73rd
11	11	Legislature, Regular Session, 1993, is amended to read as follows:
12	12	(b) The legislature finds that the creation of the district
13	13	is essential to further the public purposes of the economic
14	14	development and diversification of the state, the elimination of
15	15	unemployment and underemployment, and the stimulation and
16	16	development of transportation and commerce; that it is in the
17	17	public interest; and that it will promote the health, safety, and
18	18	general welfare of residents, employers, employees, and consumers
19	19	in the district and of the general public. The safe and efficient
20	20	movement of people by motor vehicle, rail, trolley, bus, bicycle,
21	21	pedestrian means, waterborne vessel, or other means of
22	22	transportation is a public purpose of the district. The present and
23	23	prospective traffic congestion in the district and the safety of
24	24	pedestrians and the limited availability of funds require the
25	25	promotion and development of public transportation and pedestrian
26	26	facilities and systems by new and alternative means, and the
27	27	district will serve the public purpose of securing expanded and
28	28	improved transportation and pedestrian facilities and systems. The
29	29	district will provide needed funding for the Town Center area to
30	30	preserve, maintain, and enhance the economic health and vitality of
31	31	the area as a community and business and commerce center. The
32	32	district will further promote the health, safety, welfare,
33	33	education, convenience, and enjoyment of the public by improving,
34	34	landscaping, and developing certain areas within and adjacent to
35	35	the district and providing public services and facilities within
36	36	and adjacent to the district which are necessary for the
37	37	restoration, preservation, enhancement, and enjoyment of scenic
38	38	and aesthetic beauty. Each and all of the improvement projects
39	39	authorized by this Act are hereby found and declared to be essential
40	40	to carrying out a public purpose. The district will not act as the
41	41	agent or instrumentality of any private interests, even though many
42	42	private interests will be benefited by the district as will the
43	43	general public.
44	44	SECTION 2. Sections 7(t) and (v), Chapter 289, Acts of the
45	45	73rd Legislature, Regular Session, 1993, are amended to read as
46	46	follows:
47	47	(t) In order to promote business retention, sustain
48	48	employment, and prevent substandard and blighted housing
49	49	conditions, the district may:
50	50	(1) merge or consolidate with a qualified association
51	51	to carry out a function described by this subsection;
52	52	(1-a) except as otherwise provided by this subsection
53	53	and in the same manner as a qualified association, assume, accept an
54	54	assignment of, succeed to, or contract to undertake, exercise, or
55	55	perform:
56	56	(A) all or part of the rights, powers,
57	57	privileges, duties, responsibilities, assets, liabilities, and
58	58	obligations of a qualified association under community covenants;
59	59	(B) any contracts, agreements, leases,
60	60	commitments, loans, pledges, instruments of indebtedness, or other
61	61	undertakings with any person, regardless of whether the person is a
62	62	qualified association, in the exercise of the rights, powers,
63	63	privileges, duties, or responsibilities described by Paragraph
64	64	(A);
65	65	(C) the administration, enforcement, amendment,
66	66	supplementation, repeal, revocation, or rescission of a community
67	67	covenant as provided by the covenant; or
68	68	(D) the functions, duties, and responsibilities
69	69	of the board of directors of a qualified association, without the
70	70	necessity of electing or appointing members of the board of
71	71	directors of the qualified association;
72	72	(2) administer and perform procedures established in a
73	73	community covenant or a related agreement for the selection or
74	74	appointment of members or officers to committees, village
75	75	association governing bodies, or similar positions;
76	76	(3) arrange or contract with one or more
77	77	municipalities, political subdivisions, or nonprofit organizations
78	78	for the provision of services and facilities to all or part of the
79	79	territory in or adjacent to the district that are substantially
80	80	equivalent to the services or facilities provided by the district
81	81	or a qualified association in the district, provided that the
82	82	district may not transfer, assign, or abrogate responsibility for
83	83	the administration or enforcement of any land use restrictions or
84	84	negative covenants included in a community covenant that apply to
85	85	land in or adjacent to the district;
86	86	(4) own, acquire, construct, improve, repair,
87	87	rehabilitate, operate, maintain, lease, purchase, sell, dispose
88	88	of, encumber, abandon, or remove:
89	89	(A) any buildings, improvements, or facilities;
90	90	or
91	91	(B) any real, personal, or mixed property; and
92	92	(5) assess, charge, collect, pledge, encumber, and
93	93	apply any fees, rents, charges, or proceeds received for the use,
94	94	enjoyment, or disposition of a building, improvement, facility, or
95	95	property or for a service or facility.
96	96	(v) In this section:
97	97	(1) "Qualified association" means a nonprofit
98	98	property owners' association created and operated by or in a
99	99	planned community, as that term is defined by Section 43.0754,
100	100	Local Government Code.
101	101	(2) "Community covenant" means recorded land use
102	102	restrictions and covenants applicable to land in a planned
103	103	community, as that term is defined by Section 43.0754, Local
104	104	Government Code.
105	105	SECTION 3. Section 7, Chapter 289, Acts of the 73rd
106	106	Legislature, Regular Session, 1993, is amended by adding
107	107	Subsections (ee) and (ff) to read as follows:
108	108	(ee) The district is an "endorsing municipality" for the
109	109	purposes of Chapter 1507 (S.B. 456), Acts of the 76th Legislature,
110	110	Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil
111	111	Statutes).
112	112	(ff) The district is entitled to receive a certified
113	113	appraisal roll, an estimate of the taxable value of property in the
114	114	district, and assistance in determining values of property in the
115	115	district in the manner provided by Section 26.01, Tax Code, for a
116	116	municipality.
117	117	SECTION 4. Section 7-a(c), Chapter 289, Acts of the 73rd
118	118	Legislature, Regular Session, 1993, is amended to read as follows:
119	119	(c) A description of [map or plat showing] the boundaries of
120	120	the district, as adjusted from time to time, shall be recorded in
121	121	the real property records of each county in which all or part of the
122	122	district is situated not later than the seventh day after the date
123	123	of each such boundary adjustment. The boundaries of the district
124	124	may be described by metes and bounds, plat, or reference to a
125	125	previously recorded instrument.
126	126	SECTION 5. Chapter 289, Acts of the 73rd Legislature,
127	127	Regular Session, 1993, is amended by adding Section 7I to read as
128	128	follows:
129	129	Sec. 7I. TRANSPORTATION PROJECTS, FACILITIES, PROGRAMS,
130	130	AND SERVICES. (a) The district may engage in or contract with
131	131	another person to perform activities that accomplish the
132	132	transportation and traffic movement purposes of the district,
133	133	including the acquisition, analysis, construction, design,
134	134	financing, investigation, implementation, improvement,
135	135	maintenance, operation, ownership, planning, provision,
136	136	relocation, repair, replacement, or study of improvement projects,
137	137	facilities, programs, and services in the district and in areas
138	138	adjacent to the district for:
139	139	(1) mass transportation;
140	140	(2) parking;
141	141	(3) pedestrian movement;
142	142	(4) rail systems;
143	143	(5) traffic movement;
144	144	(6) transit terminals;
145	145	(7) waterborne transit; or
146	146	(8) other modes of transportation and mobility
147	147	enhancements that reduce congestion or promote or aid in the
148	148	circulation of traffic and movement of people in the district and in
149	149	areas adjacent to the district.
150	150	(b) The district may apply for and receive state and federal
151	151	transportation funding, including grants or other assistance. The
152	152	district has the rights associated with the funding and may carry
153	153	out functions and perform obligations associated with the funding,
154	154	as the designated recipient or otherwise.
155	155	(c) The district may contract for an improvement to a
156	156	boundary highway and consent to the imposition of an assessment by a
157	157	municipality in the manner provided by Sections 313.022 and
158	158	313.046, Transportation Code, for a municipality.
159	159	(d) The district may adopt and enforce by ordinary civil
160	160	remedies rules regarding access to and use of the district's
161	161	transportation projects, facilities, programs, and services.
162	162	(e) The district may charge a fare, fee, rate, toll, or
163	163	other charge for the use of a district transportation project,
164	164	facility, program, or service.
165	165	SECTION 6. The legislature finds that the powers,
166	166	authority, and functions of the district authorized by this Act are
167	167	essential and beneficial to the district and to the state as a whole
168	168	as a program for promoting, facilitating, and accomplishing the
169	169	public purposes of Section 52-a, Article III, Texas Constitution,
170	170	by:
171	171	(1) promoting, sustaining, and advancing employment
172	172	and economic diversification and development in the state;
173	173	(2) sustaining and stimulating business in the state;
174	174	(3) conserving and sustaining property values and
175	175	living conditions in the state;
176	176	(4) promoting traffic circulation and public safety in
177	177	the state;
178	178	(5) promoting the development of parks, recreational
179	179	facilities, and cultural education in the state; and
180	180	(6) serving other purposes beneficial to the state.
181	181	SECTION 7. (a) The legal notice of the intention to
182	182	introduce this Act, setting forth the general substance of this
183	183	Act, has been published as provided by law, and the notice and a
184	184	copy of this Act have been furnished to all persons, agencies,
185	185	officials, or entities to which they are required to be furnished
186	186	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
187	187	Government Code.
188	188	(b) The governor has submitted the notice and Act to the
189	189	Texas Commission on Environmental Quality.
190	190	(c) The Texas Commission on Environmental Quality has filed
191	191	its recommendations relating to this Act with the governor,
192	192	lieutenant governor, and speaker of the house of representatives
193	193	within the required time.
194	194	(d) All requirements of the constitution and laws of this
195	195	state and the rules and procedures of the legislature with respect
196	196	to the notice, introduction, and passage of this Act are fulfilled
197	197	and accomplished.
198	198	SECTION 8. This Act takes effect immediately if it receives
199	199	a vote of two-thirds of all the members elected to each house, as
200	200	provided by Section 39, Article III, Texas Constitution. If this
201	201	Act does not receive the vote necessary for immediate effect, this
202	202	Act takes effect September 1, 2015.